A. The following categories of permits shall be issued upon approved application:
1. General permit: Issued for construction, demolition, and site development for single-family homes and duplexes, and utility trench excavation.
2. Site specific permit: Issued for construction, demolition, and site development for multiple home developments, apartment complexes and commercial sites.
3. Special site permit: Issued for the following site conditions for additional control measures:
a. Development regulated by section 17.05.100, "Slope Development Standards", et seq., of this code.
b. Predevelopment slopes greater than fifteen percent (15%).
c. Ground disturbance of a natural vegetative buffer within fifty feet (50') of wetlands or water bodies, including perennial streams and watercourses.
d. Sites located entirely or partially within an environmentally sensitive area as identified in section 17.04.100, "Resource Protection Overlay (RPO)", et seq., of this code, or by state or federal authorities.
e. Any other site determined by the city to have conditions necessitating additional control measures.
B. Applications for permits shall be made on forms provided by the city and shall be accompanied by any applicable fee or fees. In addition, applications for site specific permits or special site permits shall be accompanied by two (2) copies of an erosion control plan which is in compliance with the provisions of this chapter. Erosion control plans, applicable best management practices, notices of intent (NOI) as required by the federal environmental protection agency, Idaho construction general permit shall be properly executed prior to application to the city of Pocatello and a copy of the federal permit NOI must accompany the city of Pocatello permit application. No permit requiring an erosion control plan shall be granted unless the erosion control plan has been approved by the city, including verification of compliance with the federal construction general permit.
C. Permit applications should be filed with the city at the same time as the request for a permit to conduct the construction activity, such as a building permit or grading permit.
D. Any construction activity which has been initiated, but not fully completed, at the time of enactment of this chapter shall require a permit within ninety (90) days of the effective date of this chapter, unless otherwise exempted by this chapter. Initiation is not limited to actual ground breaking activities, but also includes granting of building, excavation and construction permits.
E. For general permits, although an erosion control plan is not required, the permit will contain requirements and conditions that must be implemented before and during construction. These requirements and conditions will consist of, but are not limited to, the requirements found in this chapter.
F. The following construction or land disturbing activities do not require a permit:
1. Minor land disturbance (spatial areas less than 1/4 acre and confined to 1 residential or commercial lot or that disturbs or removes less than 10 cubic yards of soil or fill) activities performed by the property owner or an employee of the property owner, including, but not limited to, individual home gardens, community gardens recognized by the city, commercial and residential landscaping, and landscaping maintenance and repair work.
2. Repair, replacement, and utility work which occurs entirely on a residential lot, in which no sediment leaves the property.
3. Installation of fence, sign, telephone, electric poles, and other types of posts and poles that involves less than two (2) cubic yards of excavation in any one location.
4. Emergency repairs or emergency work necessary to protect the health, safety and general welfare of the public.
5. Utility repair work that involves less than two (2) cubic yards of excavation in any one location.
6. Parking lot and driveway repair where no sediment leaves the private property and which disturbs less than one-fourth (1/4) acre.
7. Construction activity that occurs entirely on federal or state owned lands.
8. Construction and maintenance activity that occurs on transportation rights of way or land owned by a separate governmental entity, when an erosion control plan for the activity has been approved by the controlling governmental entity.
9. Construction, maintenance, and any other land disturbing activity on canals, laterals, sublaterals, ditches, drains, and other water conveyance facilities, and all appurtenant roadways and structures, which occurs within the fee title lands, rights of way, or easements for such facilities and appurtenances. This exemption is not a relief from provisions of this chapter which control activities that impact public or private property.
10. Crushing and screening operations exceeding one hundred eighty (180) calendar days of operation. These sites are subject to zoning and conditional use permit requirements, and any other requirements specified by this code. This exemption does not relieve such operations from provisions of this chapter which control activities that impact public or private property.
G. Approval of an erosion control plan and issuance of a permit does not relieve a person from the duty to ensure continuous compliance with all conditions of the approved plan or permit, as well as all of the applicable provisions of this chapter and appropriate federal requirements.
H. The permit may be suspended or revoked by the city at any time if the site of the construction activity is not in full compliance with the conditions of the approved erosion control plan, the permit, and all applicable provisions of this chapter; the permit was issued in error; or the permit was based on incorrect information.
I. Written notice shall be given by the city to the permittee of the suspension or revocation of a permit, and this decision may be appealed in accordance with the provisions of section 8.44.140 of this chapter.
J. A permit shall automatically expire and become null and void if the project for which the permit was issued is not commenced within a period of one hundred eighty (180) days from the date of issuance, the project for which the permit was issued is suspended or abandoned for any reason within the permit holder's control, or the time frame for conditions of a violation order has elapsed without compliance. The project shall not recommence until the permit has been renewed. Such renewal will require submittal of intent to renew the permit, payment of the applicable fee, and approval of the city.
K. Once final landscaping and all of the requirements or conditions have been completed and a certificate of occupancy has been issued by the city of Pocatello building official, the conditions of the permit shall cease. The building official may require all denuded soil to be permanently stabilized prior to the issuance of the certificate of occupancy. In addition, any charges, fees, cleanup costs and penalties must be paid before issuance of a certificate of occupancy. The certificate of occupancy for a phased development permit will not be issued until all lots have been completed or a legal transfer of ownership has occurred. Notification for a legal transfer of ownership must be made to the city within five (5) working days of the transfer.
L. In cases where another person wishes to continue or complete work previously commenced under a permit, said person shall either obtain a new permit or gain transfer of the previous permit. The original permit holder will be released from the permit once another person has become responsible for the conditions for erosion and sediment. Such transfers must be approved by the city.
M. Permits may be transferred to other persons upon approval of the city after receiving a request for transfer and payment of the applicable fee. The request must contain the name, address, and telephone number of the person to whom the permit will be transferred. The involved parties shall be notified of the decision of the city within ten (10) working days. If approved, all conditions of the permit shall transfer to the new permit holder. If approval is not granted, an appeal may be taken under the provisions of section 8.44.140 of this chapter. (Ord. 2859, 2008)